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HomeMy WebLinkAboutVA202000001 Other 2020-11-17STAFF: Francis H MacCall PUBLIC HEARING: December 1, 2020 STAFF REPORT: VA2020-00001 Corbett Agricultural Barn OWNER/APPLICANT: Michael S and Michelle V Corbett PARCEL ID: 06900-00-00-02000 ZONING: Rural Areas, RA ACREAGE: 5.00 acres LOCATION: The property is located at 8979 Dick Woods Road in western Albemarle County. One dwelling is located on the property. Please refer to the Map and Plat of the Property (Attachment A) for reference. TECHNICAL REQUEST AND EXPLANATION: The applicants request a "variance to the setback requirements on the front boundary to build an agricultural barn" (Attachment B). Albemarle County Code § 18-10.4 provides that the front setback for primary and accessory structures in the Rural Areas is 75 feet. The applicant is proposing that an accessory structure ("the barn") be located 36 feet from the right of way of Dick Woods Road, a variance of 39 feet. BACKGROUND: In July of 2020, the applicant applied for building permit B2020-01626FB (Attachment C) for the barn. Staff informed the applicant that the location of the barn would require the approval of a variance to the front setback. QUALIFYING CONDITIONS: Under Virginia Code § 15.2-2309(2) (Attachment D), the BZA may "grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section." The following lays out the standard for a variance as defined in Virginia Code § 15.2-2201 and § 15.2-2309(2), which Albemarle County establishes in County Code § 18-34.4(i) (Attachment E). Both are outlined below. Virginia Code § 15.2-2201 - Definitions A variance is defined as "a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when" the following four standards are met 1. The strict application of the ordinance would unreasonably restrict the utilization of the property, and 2. Such need for a variance would not be shared generally by other properties, and 3. Provided such variance is not contrary to the purpose of the ordinance. 4. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. one County Code § 18-34.4(i) provides: The Board shall grant a variance if the evidence shows: (i) that strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or (ll) that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; and all of the following: 1. Good faith acquisition and hardship not self-inflicted. The property interest for which the variance is being requested was acquired in good faith, and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not general or recurring. The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 5. Special use permit or special exception not available. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. STAFF ANALYSIS: Staff has evaluated this application against the above variance standards. Virginia Code § 15.2-2201 Standard: The provisions regulating the... location of a building or structure when the following four standards are met; The strict application of the ordinance would unreasonably restrict the utilization of the property, and Staff: The owners already reasonably utilize the property with an existing single-family residence and an ongoing agricultural operation. The proposed addition of a new freestanding structure would expand on that existing reasonable utilization of the property. Staff cannot definitively state that the strict application of the 75' front setback would unreasonably restrict the property's expanded utilization. 2. Such need for a variance would not be shared generally by other properties, and Staff: Staff believes that there are no other properties in the area that generally share the need for a similar variance. 3. Provided such variance is not contrary to the purpose of the ordinance. Staff: Staff believes that granting the variance is not contrary to the Zoning Ordinance purposes outlined in County Code § 18-1.4 (Attachment F). The applicant's efforts to both keep the structure out of the stream buffer and properly restore the buffer by utilizing the Water Protection Ordinance will promote these purposes. 4. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. Staff: There would be no change in the use of the property if the variance were granted. County Code § 18-34.4(i) Standard: The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or Staff: The owners already reasonably utilize the property with an existing single-family residence and an ongoing agricultural operation. The proposed addition of a new freestanding structure would expand on that existing reasonable utilization of the property. Staff cannot definitively state that the strict application of the 75' front setback would unreasonably restrict the property's expanded utilization. Standard: Granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; Staff: Placing the barn to meet the 75front setback would push the structure into the stream buffer. The proposal is to locate the barn out of the buffer, closer to the street than the required 75'. The preferred location of any structure is a building site. A building site is an area with no steep slopes, no floodplain, and no stream buffer. Steep slopes and stream buffer cover the site almost entirely. The area that remains on the property that is not within the stream buffer or steep slopes is an area to the west of the dwelling and across the stream buffer and an area to the north of the property (the proposed location). Staff believes that the property's physical conditions create a hardship for adequately locating the barn within a building site and meeting the required setback. And 1. The property interest for which the variance is being requested was acquired in good faith, and any hardship was not created by the applicant for the variance. Staff: This application meets this standard. The property was acquired in good faith, and any hardship was not created by the applicant. 2. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. Staff: This application meets this standard. Staff has not identified a substantial detriment to adjacent and nearby properties. Staff believes that placing the barn in the stream buffer would be more detrimental to that buffer by creating a sizeable impervious surface. 3. The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. Staff: This application meets this standard. The property's condition is not of so general or recurring nature that requires the regulations to be updated by an amendment to the ordinance. Most stream buffers do not cover 90% of the surrounding properties. 4. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. Staff: This application meets this standard. The granting of the variance would not result in a use not otherwise permitted on the property. 5. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Staff: This application meets this standard. The RA zoning district regulations for setbacks are not subject to a special use permit or special exception. STAFF RECOMMENDATION: Since staff cannot definitively state that the strict application of the 75' front setback would unreasonably restrict the utilization of the property, staff cannot recommend the approval of this variance application. Staff does believe that granting the variance would alleviate a hardship due to a physical condition relating to the property and that the five additional criteria for granting a variance have been met. PROPOSED MOTIONS: The following motions are offered for consideration and action by the Board: If the Board finds legal grounds to grant this variance: I move to grant variance application VA2020-00001 (Corbett Agricultural Barn) to allow the proposed barn to be located 36 feet from the right-of-way of Dick Woods Road, a variance of 39 feet, with the following conditions 1. The proposed barn is limited to the activities described by the applicant that support the farm operations, including storing farm vehicles and farm implements and providing a space to process crops. 2. The proposed barn may not be used as a dwelling unit. If the Board chooses to deny this variance: I move to deny the variance application VA2020-00001 Corbett Agricultural Barn (Provide the stated reason(s) for denial) Attachments: Attachment A: Map and Plat of the Property Attachment B: Variance Application VA2020-00001 Corbett Agricultural Barn Attachment C: Building Permit B2020-01626FB Attachment D: Virginia Code § 15.2-2309(2) Attachment E: County Code § 18-34.4(i) Attachment F: County Code § 18-1.4 VA2020-01 Corbett Agricultural Barn ATTACHMENTA Water Protection Legend es zoA2 Ordinance Buffer P (Note Some Hems on map may not appear In legene) a co cc m ` 69-19IA2 O cO Oriental ys ■ Water Protection OrdinanceBuffers O \ � Parcellnfo ❑ Parcels Elevation V2 Ellegartion Contours 1 — Y2018 Elevatim Contours (100 %) — Y2018 Elevatim Contours (0 %) — V2018 Ekvatim Contours (40 %) — Y2018 Elevatim Contours (20 %) — Y2018 Elevatim Contours (4 ft) Zoning Info Flood Hazand Overay (100 Year Flo Steep Slopes Overlay ■ Critical Slopes Steep Slopes - Managed 8979 a Steep Slopes - Presented p 69-19A8 y0 8ZOtt ad d,Jl cp W f ww� p DO i~ O do d! w P A. m N PI O. M pow co, ru m Ott .O 1P �1p, _ Ml f �O W O mTl`el W O p O� 8 By9 `%6 69-20C f. r pH 1 rtr R f ? BY\�9�� 860 8S6 !'� m N O f .1 8. y0, B6 8S. �F pip ft t 896� 680 on lghg, is fr 909 9• n 9�1. fC 00r f W O, 9 ZOf, f O 100 ft r 2 rn<a M r• Mr Op 02 m GI GeDi se Gararvicea Nwr N]9hic My daterminalion oftopo3rapby or contours, or any depiction of physical Improvements, property lines or boundaries Isforgereral informalion only and shall ml Mused tm Me design, modification or construction of Improvements to real property or for flood plain determination. Noymmig $3020 Map elements may scale larger than GIS data measured in the map or as provided on the data tlownlced page due to the projection used. Map nocturnal : VJGS84 yJab Mercator (Auuliary Sphere) (EPSG 3857) ATTACHMENT A. tl 50 100 200 IF = Iron FoOnd This is to certify that on August 13.14 & V. {�® UP = Utility Pole 2015, I surveyed the property shown on this plat !F and the title lines and walls of the building SCALE IN FEET are shown hereon. This property lies in Zone 7( and does not lie n an area designated as na'i a 100 Year Flood Hazard as shown on Federal 2 �Y Flood Rate Insurance Map No. 51003CO2250, effective Oate. Feb. 4, 2005 am 2,61,20' ¢ ,�- 1 Survey performed without the benefit Um S,ys2'A3'. 6"E � i IF } lN` of a title report and may not indicate ut 1 R x all encumbrances on the property. CCO t.._ \�� Petal)p..- \, CainOwner: I Kathleen B. PIahanes This plat was prepared for, I� S3 t 1 urn Rebecca L. Pocock utility tilLegal References. w'ty 1 313.845 P9.294 } t O B A007 Pg.68 02.1383 D.8 1332 PPgg.7 7 {1g5.4457-E 28597' spike } I Itypical) Property Line Courses: 1 IF I I ) 1) S62'16'04-E 66A2' f�ARq 2) R-346.70' L-14.99- j 3) 507.10'05'E 669i' A 4) 803'4959'E 66.10' } I I s) 604 I5ro4 E 78.24 6) S02-52.49-E 37852' T.W 69--1M4 n ` I I 7) R-1083.16' L=65.06' K19thlea7 A;alxa.2es i 1 ( I e) S00'33.41-V 154A7' L?B.4007 Pg.68 0nelling is 95' "A 9) R=3097.76' L=75.00' W t y Rrc rtY L1r�e to) R=1590.02' L�5412' t f t i 11) S03'43'057E 195.88' t1� 1 !i dl} Irad - a rr \ft is- Z f 6 ro~ Sycamore z �1 l i t ' Pa=120G 5.00 Acres z Parcel20A2 7.85 Acresra t'q�'j La t I IF I i IFS85'44'5; "4I 283.83 1 I I I� I II } Ityplcab ]S I I N82 l g 42 "Y! 3 .35S 1 { cl ►�L- z PLAT SHOWING Robert N. Calemap, Jr. l 69 -M PHYSICAL SURVEY OF L IC. 9..6.1383 Pg.I1B ! t;j2-��7-5 � T M.P. S 69 - 2OA2 & 2OC 4*,o suav0° ALSO KNOWN AS RESIDENTIAL WHISTLING HOLLOW SURVEYING SERVICES 8979 DICK WOOD ROAD (434) 245-8744 ALBEMARLE COUNTY, VIRGINIA CHARL)TTESVILLEI"IVIP51NIED AT22903 AUGUST 26, 2015 1'= too- 15-125 ATTACHMENT B Corbett Barn Variance Application Description Dear Board of Zoning Appeals, In December 2019, we purchased Whistlin' Hollow Farm (Parcels 69-20C and 69-20A2) with plans to rehabilitate and sensibly expand an historic 90 year -old farmhouse and 13- acre agricultural property. The grounds had previously thrived as a successful family farm, raising Katandin Sheep, Sebastopol Geese, and Guinea Hens, as well as growing a variety of fruits and vegetables. Sadly, this farm had not been maintained by the most recent owners — who neglected the outbuildings, pastures, garden beds — and allowed their horses to damage a delicate ecological refuge area. Since we purchased the land, we have actively restored the garden beds, started growing crops for a local CSA market, established a new flock of chicken layers, and are actively collaborating with the James River Association on restoring the stream buffer. We are applying for a variance to the setback requirements on the front boundary to build an agricultural barn to support our farm operations in the most practical and least disruptive location on the farm. The barn will allow us to replace several dilapidated outbuildings, house our farm vehicles (tractor & implements), and provide a space to process our crops. The barn — a classic, traditional -looking structure — was intentionally designed to minimize new land disturbance and fit the existing topography and site features. Our intention is to be good stewards of the farm and make conscientious choices to restore the health and productivity of the riparian area, pastures, and garden beds. We hope to build the current design in the proposed location for the following reasons: • The barn is designed to minimize additional cut and fill by taking advantage of a retaining wall recently rebuilt to stabilize the only existing parking area on the site, which had been severely compromised. When the property was purchased, the current parking and access area was held up by a pressure treated beam retaining wall that was failing due to poor DIY construction, lack of care, and many years of significant water run-off from a neighboring property. Due to the increasingly heavy rains, it was clear that we would (1) have no place to park and (2) no means to access our house at grade without shoring up the parking lot with a concrete replacement wall. Since this location is also a perfect place for a barn to house farm equipment and implements, the new retaining wall can also serve as the foundation wall, supporting access and entry into the barn. Corbett Barn Variance Application 1 1 ATTACHMENT B • By taking advantage of already established infrastructure —the driveway, parking area, and retaining wall — these features don't need to be created or expanded into productive pasture or the sensitive buffer areas. • The proposed location minimizes disturbance from construction and long-term use in the stream protection area. We are working to improve the condition of the stream buffer for water quality, habitat, and flood mitigation purposes, and we don't want to offset our progress by converting a section of the stream protection area to a new building site. • We are currently in the process of restoring and expanding the old farmhouse, which is located just 9.5 feet from the edge of the property line. The barn, to be located about 50 feet North from the farmhouse, will be 36 feet from the property line. The proximity of the original house to the road makes the barn feel significantly set back from the road. The barn is also designed as a Bank Barn to drop the building profile and tuck it into the hillside to minimize visual impact from the road, and to match the grade of the parking lot, which is already 8 feet lower than the road. With the extreme rains and flooding we've had recently, we've seen the stream jump out of its banks on a more regular basis. We urgently see the need to invest in stream stabilization and re -vegetation strategies, and we fear adding another structure in this area will further compromise the function of the stream protection zone to absorb flood waters, as well as put the structure and its uses at risk. A recent visit from Kory Kirtland, the NRCS District Conservationist, and Anne Marie Roberts of the James River Association, both confirmed the wisdom and benefits of the proposed location. We first consulted Albemarle County Engineering staff about our plans and their effect on the stream buffer in November 2019, but were not made aware of any front setback requirements. In response to our submitted Farm Building Exemption form, County staff Corbett Barn Variance Application 1 2 ATTACHMENT B has explained they cannot grant exception to the front setback and must therefore recommend the structure encroach into the stream protection buffer. This seems to be an illogical and unfortunate consequence of the usually well-intentioned rules, which is why we are now applying for a variance to build in the front setback area. We thank you for working with us to find a mutually beneficial solution, which we all earnestly believe is in the best interests of the environment, our county, and our lovely farm. We ultimately and passionately want to take advantage of the existing topography and site layout, minimizing new land disturbance, protect sensitive areas, and restore agricultural use of the land. We plan to spend a great deal of time and money repairing and enhancing the current riparian buffer — so putting the barn further down onto the property from the current parking area will not only damage the pristine area we are seeking to preserve — but also contradicts the purpose of the county's stream protection ordinance in the first place. We would like to stress that the current topography of the property contains a parking area just below the road, and that the rest of the land slopes quite steeply down from there, leaving no space for parking or conveniently accessing anything (house or barn) other than from this area. Putting the barn 20 feet further west would require an enormous amount of fill, great expense, and an extremely unattractive causeway from the current parking/access/entry area to the barn. The site is tight and the barn will be fairly obscured by a new privacy fence, and is still out of the riparian buffer we are seeking to remediate. These plans reflect the best practices and priorities enjoined by the county. Thanks again for your help and consideration — we really do appreciate it. Michael & Michelle Corbett Round Top Roots Farm ®RO�IUdNh&VDtT,OP Corbett Barn Variance Application 1 3 ATTACHMENT B FRONT / EAST ELEVATION CORBETT BARN GEOBARN k'YL1 I INI-ti I I -I -\/a V 1AI WIN Kl(�[lI / NUKI I -I LLLVAI [UN LET /5UU1 fl CLCVHIIUN COIRBETT BARN AFTON, VIRGINIA DRAWING TITLE: COVER DATE: OG-3-2020 DRAWN BY: DVS SCALE: 1 /6" = 1 '-0" REVISIONS 0711012020 07/ 1 G/2020 1010212020 COVER ATTACHMENT B r, 0 on BASEMENT FLOOR PLAN PROJECT: CORBETT BARN AFTON, VIRGINIA ARCHITECT OF RECORD: BUILDER: GEO5ARN5. LLC 923 KINGS HIGHWAY WHITE RIVER JCT.. VT OSCO PHONE: (,502) 359- 191 2 MEP ENGINEER: STRUCTURAL ENGINE -ER -.- DRAWING TITLE: BASEMENT FLOOR PLAN DATE: OG-3-2020 DRAWN BY: DMS SCALE: 1 /4" = 1 '-0" REVISIONS 07/ 10/2020 07/ 1 G/2020 1010212020 A2.0 ATTACHMENT B 8 t 0 (V I u is II II II II II jl II II II II II II II III ICI I I I I I I I I I I I I I I I I TRUCK BAY I T.O. SUBFLOOR I I ELEV @ 0'-0" I I I I I I I I I I I I I I I I I I I 1 I I I I ICI ICI I of I of I¢I Iml IDZI ICI I o1 I IDZI ICI I N I hI o II II II II II II II II II II I; II 11 II II II 1 11 I I, I I 11 I I 3 ------------ H----------- LINE OF FLOOR AND WALL ABOVE FARM EQUIPMENT T.O. 5UBFLOOR ELEV @ 0'-0" 26'-T T.O. SUBFLOOR ELEV @ 0'-0" in FI RST FLOOR PLAN PROJECT: CORBETT BARN AFTON. VIRGINIA ARCI11TECT OF RECORD: BUILDER: "iIL �I'v'_PJ0 v-i C?i�UG PhONE-;b02) 32 MEP ENGINEER: 5TRUCTURALENGINEER: DRAWING TITLE: FIRST FLOOR PLAN DATE: OG-3-2020 DRAWN BY: DM5 SCALE: 1 /4" = 1 '-0" fPEVISIONS 1 07/ 1 0/2020 1 1 07/ 1 G/2020 I 1 1010212020 1 A2. I ATTACHMENT B —I a-01 7-O" 3/0 X 3/0 DH A 7-O 3/0 X 3/0 DH G'_0" HEADROOM 7-0" HEADROOM 8'-0" HEADROOM I 3%O X 2/O 3/0 X 2/0 I T.O.5UBFLOOR B Z I I I ELEV @ 9'-0" Q O I �P�ENCUPf�CA I PT},O - - - Z RIDGEE q LINE ABOVE OV R1DGE LINE ABOVEDOWN — —4,->2t, 3 D � -- - _ 0 -,Ica ,Iro- b N _ x N m I - � 0 44-0" HEADROOM — _ — — — — j — _- 8'-0' HEADROOM 7-0"HEADPy00M ------- _ 7'HEADROOM =" -2 HEADROOM — — 0 (n n _0" HEAD 6'OROOM 2'-0" 2'-0- II II II II I II II II II R00f I II I II II II II � II II II II IL------------ — — --------------II L--------------------------------------------- L-J 2 T-G" SECOND FLOOR PLAN COR13ETT BARN AFTON, VIRGINIA GEOBARNS. LLC 923 KINGS HIGHWAY WHITE RIVER JCL. PHONE: (802) 3S3 hAFP FAVJ DRAWING TITLE: SECOND FLOOR PLAN DATE: OG-3-2020 DRAWN BY: DMS SCALE: 1 /4" = I -0" REVISIONS 07/ 1 0/2020 07/ 1 G/2020 1 0/02/2020 A2.2 4CHMENT C TMP County of Albemarle Community Development Department 401 McIntire Road Charlottesville, VA 22902-4596 Building Permit Application Inspection Line: (434) 972-4179 Voice: (434) 2965832 House All I Street Name I Apt/Suite Current Michael & Michelle Corbett 18979 Dick Woods Road Owner(s) Work Class: Frame Type: water supply Type: ❑ Addition ❑ Concrete ❑ Artesian Well ❑ Alteration ❑ Masonry None Demolition Other ✓� Private New ❑ Steel ❑ Central Well ❑ Other ❑ Vinyl ❑ Public ❑ Remodel Wood ❑ Jurisdictional Area Other Foot / Found Desc.: Work Valuation 150,000power Comp Work Description Directions Use Group Construction Sewage Disposal Footing / Foundation Type: Type: ❑ None ❑ Basement Private ❑ Crawl Space ❑ Public ❑ None ❑ ❑ Other ❑ I� � Slab ❑ ❑ ny PVEC I lunconditioned barn space to support agricultural operations. From Rt. 250, turn right on Rt 151 South, then left on Dick Woods Road. 113arn location is 1/2 mile down Dick Woods Road on the right hand side. GV CJ. —� # of Stories 2 list Floor 2nd Floor 3rd Floor Finished Basement Other Habitable Total Habitable Sq. Footage Porches Decks Garage Swimming Pool Unfinished Basement 980 Other Unfinished 1652 Total Unfinished Sq. Footage 2632 Taal Building Sq. Footage 2632 Setbacks: Zoning Pre -Construction? Front Rear Fire Alarms Required? Land Use? Bldg Pre -Construction? Left Side Right Fire Sprinkler NAPA Code ATTACHMENT C Dwelling Units Accessory Structures J Mobile / Prefab. Homes Mobile Offices/Prefab. Units L� Carports Bedrooms Baths Paint Spray Booths Garages IGtchens Swimming Pools'Hot Tubs/Spas (Res. Only) Other lFarm use ElevatorsrEscalators/Lifts PrimaryContact Ph°"�# 240-994-2206 Name Case Williams Street Name 1607 Jamestown Drive Fax# city'State Charlottesville, VA Zip code 22901 E-mail case @ eobarns.com cellular# 240-994-2206 Owner I Applicant Name Michael & Michelle Corbett Phone# 302-858-1100 Street Name 8979 Dick Woods Road Fax# City' State Afton VA Zip Code 22920 E-mail Cellular # Mechanics Limit Name Phone # Street Name Fax # City / State Zip Code E-mail Cellular # General Contractor Name Three Notch'd Construction, LLC Street Name 6577 Jarmans Gap Road cdy'slate Crozet, VA E-mail Business Name: License Types: Phone # Fax # Zip Code Cellular # 434-939-7700 State License # Locality License # ATTACHMENT C Separate permits may be required for Electrical, Plumbing, Heating, Ventilating, and Air Conditioning. This permit becomes null and void if work or construction authorized is not commenced within six (6) months, or if construction or work is suspended or abandoned for a period of six (6) months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be accurate and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specked herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. By signing this building permit, the owner and/or their agent hereby grant employees of the Albemarle County Community Development & Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of8:00 a.m. and 5:00 p.m., holidays excepted. If you are not the owner of record, please check which applies: ✓❑ I certify that I am the agent for Michael & Michelle Corbett , The Owner, and am authorized to submit this application on behalf of the Owner under the agency granted to me. I am neither the Owner nor the Owner's agent. I certify that written notice of this application, by providing a copy of this application, will be mailed to the Owner at the following address: 3'ttIXIV 'WIIPRE.S within 10 days of today's date as required by Virginia Code §15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit, or certificate related thereto could be determined to be void. Signature of Owner, Contractor, or Authorized Agent Date Signature of Owner, Contractor, or Authorized Agent Date ELECTRONIC RECORDS STATEMENT: Albemarle County is creating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1-479 et. Seq.). As an applicant to the Building Permit process, you may consent to receive or have online access to electronic records and receive and create records having electronic signatures related to Building Permits, Correspondence, Inspection Tickets, and Certificates of Occupancy (the Build- ing Permit transactions). C W 7120/20 Initials of Owner, Contractor or Authorized Agent Date Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other transactions by electronic means. ATTACHMENT C tl 50 100 200 IF = Iron FoOnd This is to certify that on August 13.14 & V. {�® UP = Utility Pole 2015, I surveyed the property shown on this plat !F and the title lines and walls of the building SCALE IN FEET are shown hereon. This property lies in Zone 7( and does not lie n an area designated as na'i a 100 Year Flood Hazard as shown on Federal 2 �Y Flood Rate Insurance Map No. 51003CO2250, effective Oate. Feb. 4, 2005 am 2,61,20' ¢ ,�- 1 Survey performed without the benefit Um S,ys2'A3'. 6"E � i IF } lN` of a title report and may not indicate ut 1 R x all encumbrances on the property. CCO t.._ \�� Petal)p..- \, CainOwner: I Kathleen B. PIahanes This plat was prepared for, I� S3 t 1 urn Rebecca L. Pocock utility tilLegal References. w'ty 1 313.845 P9.294 } t O B A007 Pg.68 02.1383 D.8 1332 PPgg.7 7 {1g5.4457-E 28597' spike } I Itypical) Property Line Courses: 1 IF I I ) 1) S62'16'04-E 66A2' f�ARq 2) R-346.70' L-14.99- j 3) 507.10'05'E 669i' A 4) 803'4959'E 66.10' } I I s) 604 I5ro4 E 78.24 6) S02-52.49-E 37852' T.W 69--1M4 n ` I I 7) R-1083.16' L=65.06' K19thlea7 A;alxa.2es i 1 ( I e) S00'33.41-V 154A7' L?B.4007 Pg.68 0nelling is 95' "A 9) R=3097.76' L=75.00' W t y Rrc rtY L1r�e to) R=1590.02' L�5412' t f t i 11) S03'43'057E 195.88' t1� 1 !i dl} Irad - a rr \ft is- Z f 6 ro~ Sycamore z �1 l i t ' Pa=120G 5.00 Acres z Parcel20A2 7.85 Acresra t'q�'j La t I IF I i IFS85'44'5; "4I 283.83 1 I I I� I II } Ityplcab ]S I I N82 l g 42 "Y! 3 .35S 1 { cl ►�L- z PLAT SHOWING Robert N. Calemap, Jr. l 69 -M PHYSICAL SURVEY OF L IC. 9..6.1383 Pg.I1B ! t;j2-��7-5 � T M.P. S 69 - 2OA2 & 2OC 4*,o suav0° ALSO KNOWN AS RESIDENTIAL WHISTLING HOLLOW SURVEYING SERVICES 8979 DICK WOOD ROAD (434) 245-8744 ALBEMARLE COUNTY, VIRGINIA CHARL)TTESVILLEI"IVIP51NIED AT22903 AUGUST 26, 2015 1'= too- 15-125 ATTACHMENT D Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 22. Planning, Subdivision of Land and Zoning § 15.2-2309. Powers and duties of boards of zoning appeals Boards of zoning appeals shall have the following powers and duties: 1. To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special. 2. Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and (i) the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate 11/3/2020 ATTACHMENT D under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless a variance from the board of zoning appeals under this section is required in order for such request to be granted. No variance shall be considered except after notice and hearing as required by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. In granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. 3. To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. 4. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance. 5. No provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body. 6. To hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, 11/3/2020 ATTACHMENT D the board may give such notice by first-class mail rather than by registered or certified mail. 7. To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to § 15.2-2286, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided by this subdivision. 8. The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required. Code 1950, §§ 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407, § 15.1-495; 1964, c. 535; 1972, c. 695; 1975, cc. 521, 641; 1987, c. 8; 1991, c. 513; 1996, c. 555;1997, c. 587;2000, c. 1050; 2002, c. 546;2003, c. 403;2006, c. 264;2008, c. 318;2009, c. 206;2015, c. 597;2018, c. 757. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 11/3/2020 ATTACHMENT E Section 34.4 - Variances. i. Criteria to establish basis to grant a variance. The board shall grant a variance if the evidence shows: (i) that strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or (ii) that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; and all of the following: 1. Good faith acquisition and hardship not self-inflicted. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not general or recurring. The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 5. Special use permit or special exception not available. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Factors not to be considered. The board shall not base any decision on the merits of the purpose and intent of any relevant provision in the zoning ordinance. k. Time for decision. The board shall schedule a reasonable time for the hearing on an application so that it may make its decision within 90 days after the date the application was deemed to be complete. This 90-day period is directory, not mandatory. I. Action by the board; vote required to grant variance. The concurring vote of three members of the board is required to grant a variance. m. Conditions on variance. In granting a variance, the board may impose conditions, as follows: 1. Nature of conditions. The board may impose reasonable conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest. 2. Guarantee or bond to ensure compliance. The board also may require that the applicant provide a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. 3. Conditions deemed to be essential and nonseverable. Except as the board may specify in a particular case, any condition imposed on a variance shall be deemed to be essential and nonseverable from the variance itself and any condition determined to be invalid, void or unlawful shall invalidate the variance. n. Effect of granting variance; expansion of structure. The property upon which a property owner has beer granted a variance shall be treated as conforming for all purposes under state law and this chapter; however, any structure permitted by a variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under this chapter. If an expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. ATTACHMENT Sec. 1.4 - Purposes. The purposes of this chapter are to promote the public health, safety, convenience, and welfare and to accomplish the objectives of Virginia Code §§ 15.2-2200 and 15.2-2283 . To these ends, this chapter is intended to: A. Provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers; B. Reduce or prevent congestion in the public streets; C. Facilitate creating a convenient, attractive and harmonious community; D. Facilitate providing adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; E. Protect against destroying or encroaching upon historic areas; F. Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic or other dangers; G. Encourage economic development activities that provide desirable employment and enlarge the tax base; H. Provide for preserving agricultural and forestal lands and other lands of significance for the protection of the natural environment; I. Protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; J. Promote creating and preserving affordable housing suitable for meeting the current and future needs of the County as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; K. Provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard; and L. Protect surface water and ground water as defined in Virginia Code § 62.1-255 .